P.Pachamuthu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Pachamuthu Petitioner(s) Vs 1.The District Collector, Salem Collectorate, Salem.
2.The Tahsildar, Thasildar Office, Mettur, Salem-636 401.
3.The Principal Survey Officer, Omalur Taluk, Salem District.
4.Village Administrative Officer, Arupatti Village, Omalur Taluk, Salem 5.The Inspector of Police, Tharamangalam Police Station, Omalur Taluk, Salem.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 4 to survey identify measure and earmark the petitioner property and to fix four boundaries 1/6
in the petitioner property bearing survey No. 137/4B1 measuring to an extent of Acre 0.39 cent situated at Arurpatti Village, Salem District and within the Sub-Registration District of Tharamangalam as per the petitioners representation dated 24.03.2025 along with the necessary police protection to the petitioner.
For Petitioner(s) : Mr.U.Gowri Shankar For Respondent(s) : Mr.A.Selvendran Special Govt. Pleader (for R1 to R4) Mr.R.Kishore Kumar Government Advocate (Crl. Side) (for R5)
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the respondents 1 to 4 to survey, identify, measure and earmark the petitioner's property and to fix four boundaries in the petitioner's property bearing Survey No.137/4B1 measuring an extent of Acre 0.39 cent situated at Arurpatti Village, Salem District, within the Sub-Registration District of Tharamangalam as per the petitioner's representation dated 24.03.2025 along with necessary police protection to the petitioner. 2/6
3. It is submitted by the learned counsel for petitioner that the petitioner is the owner of the property comprised in Survey No.137/4B1, measuring an extent of 0.39 acres at Arurpatti Village, Salem District. The above property was purchased by the petitioner vide registered sale deed dated 26.08.1993 vide Document No.881/1993. It is further submitted that the petitioner has submitted a representation to the 3rd respondent and has also paid appropriate fees as early as on 17.01.2025 to survey the property, however, the same has not been considered till date. Aggrieved, the petitioner has filed the present writ petition.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents 1 to 4, that the petitioner's representation dated 24.03.2025 seeking survey of his property would be considered and appropriate orders would be passed within the time period stipulated by this Court, agreed to by the learned counsel for petitioner.
5. In view thereof, the writ petition stands disposed of with a direction to the respondents to consider the representation dated 24.03.2025, carry out survey and complete the process within a period of 8 weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants, if any. It is made clear that 3/6
this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.
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To:
1.The District Collector, Salem Collectorate, Salem.
2.The Tahsildar, Thasildar Office, Mettur, Salem-636 401.
3.The Principal Survey Officer, Omalur Taluk, Salem District.
4.Village Administrative Officer, Arupatti Village, Omalur Taluk, Salem 5.The Inspector of Police, Tharamangalam Police Station, Omalur Taluk, Salem.
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MOHAMMED SHAFFIQ, J.
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